By Salinas                                            H.B. No. 1310
         77R4086 CAS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the Texas Teachers' Excellence Program.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 21, Education Code, is amended by adding
 1-5     Subchapter M to read as follows:
 1-6              SUBCHAPTER M.  TEXAS TEACHERS' EXCELLENCE PROGRAM
 1-7           Sec. 21.601.  DEFINITIONS.  In this subchapter:
 1-8                 (1)  "Certification" means certification by the
 1-9     National Board for Professional Teaching Standards.
1-10                 (2)  "Certification examination" means the National
1-11     Board for Professional Teaching Standards certification
1-12     examination.
1-13                 (3)  "Program" means the Texas Teachers' Excellence
1-14     Program.
1-15           Sec. 21.602.  ESTABLISHMENT OF PROGRAM.  The State Board for
1-16     Educator Certification shall establish the Texas Teachers'
1-17     Excellence Program to encourage teachers to become certified by the
1-18     National Board for Professional Teaching Standards.  Under the
1-19     program:
1-20                 (1)  the State Board for Educator Certification shall:
1-21                       (A)  provide or authorize training to assist
1-22     teachers in meeting certification requirements;
1-23                       (B)  provide to teachers financial assistance as
1-24     provided by this subchapter to assist teachers in earning
 2-1     certification;
 2-2                       (C)  provide information to teachers about the
 2-3     program, including the scholarships, stipends, and other assistance
 2-4     available under the program; and
 2-5                       (D)  provide staff to assist the applicant review
 2-6     committee under Section 21.604; and
 2-7                 (2)  school districts shall pay stipends to teachers
 2-8     who  hold certification.
 2-9           Sec. 21.603.  ELIGIBILITY.  A teacher is eligible for
2-10     financial assistance under Section 21.605 if the teacher:
2-11                 (1)  is employed as a classroom teacher in this state;
2-12                 (2)  meets the eligibility requirements for
2-13     certification established by the National Board for Professional
2-14     Teaching Standards;
2-15                 (3)  applies to participate in the program on a form
2-16     developed by the State Board for Educator Certification for that
2-17     purpose; and
2-18                 (4)  meets other requirements adopted by the State
2-19     Board for Educator Certification.
2-20           Sec. 21.604.  APPLICANT REVIEW COMMITTEE.  (a)  Each year,
2-21     the applicant review committee shall review the applications of all
2-22     teachers who apply to participate in the program and, from among
2-23     the applicants, select not more than 500 eligible teachers to
2-24     receive financial assistance under Section 21.605.
2-25           (b)  The committee is composed of 15 members:
2-26                 (1)  five of whom are appointed by the State Board for
2-27     Educator Certification;
 3-1                 (2)  five of whom are appointed by the commissioner;
 3-2     and
 3-3                 (3)  five of whom are appointed by the State Board of
 3-4     Education.
 3-5           (c)  Members serve staggered terms of six years, with the
 3-6     terms of one-third of the members expiring on February 1 of each
 3-7     even-numbered year.
 3-8           (d)  The commissioner shall appoint the presiding officer
 3-9     from among the members of the committee.
3-10           (e)  The committee shall meet at least once each year in
3-11     Austin on a date determined by the presiding officer and may hold
3-12     other meetings as necessary at the call of the presiding officer or
3-13     of at least two-thirds of the members of the committee.
3-14           (f)  A member of the committee is not entitled to
3-15     compensation.  A member of the committee is entitled to
3-16     reimbursement of actual and necessary expenses incurred in
3-17     conducting the business of the committee.
3-18           Sec. 21.605.  FINANCIAL ASSISTANCE; LEAVE.  (a)  The State
3-19     Board for Educator Certification shall pay the application fee for
3-20     the certification examination for each teacher selected by the
3-21     applicant review committee and shall provide to each of those
3-22     teachers  a scholarship of $500 to pay other expenses of applying
3-23     for certification.
3-24           (b)  A teacher selected by the committee is entitled to three
3-25     days of leave to prepare the application for certification in
3-26     addition to any other leave to which a teacher is entitled under
3-27     this code or district policy.
 4-1           Sec. 21.606.  REIMBURSEMENT.  (a)  A teacher who receives
 4-2     financial assistance under Section 21.605 but fails to complete
 4-3     training for the certification examination, to take the
 4-4     certification examination, or to teach at least one school year in
 4-5     a public school after earning certification shall reimburse the
 4-6     State Board for Educator Certification for the money received under
 4-7     Section 21.605 unless the board determines that the teacher is not
 4-8     required to pay reimbursement because the teacher's failure is due
 4-9     to extenuating circumstances.  A teacher may appeal the board's
4-10     decision to the commissioner in the manner and within the period
4-11     prescribed by the commissioner.
4-12           (b)  A teacher who completes training for certification but
4-13     fails to perform satisfactorily on the certification examination is
4-14     not required to pay reimbursement under this section.
4-15           Sec. 21.607.  SALARY STIPENDS.  In addition to the minimum
4-16     salary to which a teacher is entitled under Section 21.402 and  any
4-17     additional salary amount the school district employing a teacher
4-18     pays, the district shall pay:
4-19                 (1)  an annual stipend of $4,000 to each classroom
4-20     teacher who is certified by the National Board for Professional
4-21     Teaching Standards; and
4-22                 (2)  an additional stipend of $2,000 to each teacher
4-23     described by Subdivision (1) who works at least 50 hours during a
4-24     school year as a mentor providing assistance to other public school
4-25     teachers attempting to earn certification.
4-26           Sec. 21.608.  FUNDING.  The program, including salary
4-27     stipends under Section 21.607, shall be funded using  state money
 5-1     appropriated for that purpose and gifts, grants, and donations
 5-2     received for that purpose.
 5-3           SECTION 2.  Section 822.201(b), Government Code, is amended
 5-4     to read as follows:
 5-5           (b)  "Salary and wages" as used in Subsection (a)  means:
 5-6                 (1)  normal periodic payments of money for service the
 5-7     right to which accrues on a regular basis in proportion to the
 5-8     service performed;
 5-9                 (2)  amounts by which the member's salary is reduced
5-10     under a salary reduction agreement authorized by Chapter 610;
5-11                 (3)  amounts that would otherwise qualify as salary and
5-12     wages under Subdivision (1) but are not received directly by the
5-13     member pursuant to a good faith, voluntary written salary reduction
5-14     agreement in order to finance payments to a deferred compensation
5-15     or tax sheltered annuity program specifically authorized by state
5-16     law or to finance benefit options under a cafeteria plan qualifying
5-17     under Section 125 of the Internal Revenue Code of 1986 [(U.S.C.
5-18     Section 125)], if:
5-19                       (A)  the program or benefit options are made
5-20     available to all employees of the employer; and
5-21                       (B)  the benefit options in the cafeteria plan
5-22     are limited to one or more options that provide deferred
5-23     compensation, group health and disability insurance, group term
5-24     life insurance, dependent care assistance programs, or group legal
5-25     services plans;
5-26                 (4)  performance pay awarded to an employee by a school
5-27     district as part of a total compensation plan approved by the board
 6-1     of trustees of the district and meeting the requirements of
 6-2     Subsection (e), including salary stipends paid under Section
 6-3     21.607, Education Code; [and]
 6-4                 (5)  the benefit replacement pay a person earns under
 6-5     Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
 6-6     74th Legislature, 1995, except as provided by Subsection (c); and
 6-7                 (6)  stipends paid to teachers in accordance with
 6-8     Section 21.410, Education Code.
 6-9           SECTION 3.  (a)  Initial appointees to the applicant review
6-10     committee under Section 21.604, Education Code, as added by this
6-11     Act, take office February 1, 2002.
6-12           (b)  The State Board for Educator Certification shall
6-13     designate one of its initial appointees to the applicant review
6-14     committee to serve a term expiring February 1, 2004, two of its
6-15     initial appointees to serve terms expiring February 1, 2006, and
6-16     two of its initial appointees to serve terms expiring February 1,
6-17     2008.  The commissioner of education shall designate two of the
6-18     commissioner's initial appointees to the applicant review committee
6-19     to serve terms expiring February 1, 2004, one of the commissioner's
6-20     initial appointees to serve a term expiring February 1, 2006, and
6-21     two of the commissioner's initial appointees to serve terms
6-22     expiring February 1, 2008.  The State Board of Education shall
6-23     designate two of its initial appointees to the applicant review
6-24     committee to serve terms expiring February 1, 2004, two of its
6-25     initial appointees to serve terms expiring February 1, 2006, and
6-26     one of its initial appointees to serve a term expiring February 1,
6-27     2008.  Thereafter, members of the committee serve terms of six
 7-1     years in accordance with Section 21.604, Education Code, as added
 7-2     by this Act.
 7-3           SECTION 4.  This Act takes effect September 1, 2001.